Regarding the obsolescence of the VHS format--so far as
interpreting copyright law is concerned--one of the most
important benchmarks, as with fair use factors, is in the
commercial realm.

I don't think any format can safely be considered "obsolete"
until current model players are no longer available for sale
in the marketplace. Note that this doesn't mean--as in the
vague wording of sec. 108 for libraries, talking about "unused
copies" of programming--that if you can still buy an
old-stock, unused player (even if it's not a current year's
model release) this counts toward not making the format obsolete.

I just checked Circuit City. There are still offered about an
even dozen models of VHS VCRs or combo players with VCRs.

The sole manufacturer of the cassette carriage in VCRs has
ceased production by now, I understand. So it won't be long
before there are no new yearly models of players released.
Then we'll start seriously talking about obsolete--instead of
just inconvenient....

Jeff

---- Original message ---->Date: Sun, 17 Sep 2006 16:36:05 -0400>From: jrosner@kino.com >Subject: Re: [Videolib] VHS format >To: videolib@lists.berkeley.edu>>I actually meant it in LEGAL terms in that there is no reason>for calling it "obsolete" as a justification for being able
to dub>a VHS to DVD or other format in the Copyright section which gives>libraries some ability to preserve material which is damaged
and can not>be replaced. There is in fact a specific defination but I
can't look it>up at home right now but it has to do with the idea that
there is basically>no equipment available on which to play the dying format. So
while one>can certainly claim that old Beta format tape may be an
obsolete format>I think it will a long time before you wont have equipment on
which to>play a VHS>>As a practical matter it is very inconvenient but not dead format>Kino probably has at least 100 titles in VHS only. Our
choices are>to keep them around in VHS or discontinue them completely because>we could not possibly justify the cost of making them
available on DVD>We choose to keep them in print which is in fact somewhat
unusual for>feature films. I think libaries should ALWAYS keep VHS copies
of anything>they do not currently have in DVD as there are a LOT of
titles that may>never make dvd>>Quoting Herownword@aol.com:>>> Jessica, I'm very intrigued with your comment that VHS is
not an obsolete >> format and won't be for a long time. What's your evidence
for/experience >> with >> this? Who is still using VHS? I recently (June '06)
converted all 16 of my>> >> Women in Nontraditional Careers titles from VHS to DVD and
am continuing to >> make the VHS format available (might as well, at least
until my inventory is>> >> gone, was my original thinking). It's only been three
months, but so far, >> given the choice, not one single customer has chosen VHS
over DVD. Not one.>> I >> do still sell some VHS of my Women's History, Literature,
& Art series that >> are still available only in VHS. I'm curious if you meant
that preexisting >> VHS dubs will continue to be used until they wear out or
that titles that>> are >> available only in VHS will still sell to reluctant
customers who would>> really >> rather buy DVD if it were available or if you still see
people who prefer>> VHS >> (and, if so, what their rationale is). Thanks for any
insight and I'd love >> to hear from others on the list about this issue, too. >> >> Jocelyn Riley>> HerOwnWords.com>> NontraditionalCareers.com>>>VIDEOLIB is intended to encourage the broad and lively
discussion of issues relating to the selection, evaluation,
acquisition,bibliographic control, preservation, and use of
current and evolving video formats in libraries and related
institutions. It is hoped that the list will serve as an
effective working tool for video librarians, as well as a
channel of communication between libraries,educational
institutions, and video producers and distributors.

===========
Jeff Clark
Director
Media Resources MSC 1701
James Madison University
Harrisonburg VA 22807
clarkjc@jmu.edu (email)
540-568-6770 (phone)
540-568-7037 (fax)
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.